Ft. Lauderdale Employment Law firm: Questions To Ask
Posted by Thomas on January 11, 2012
Do you have a legal trouble that could be aided by an employment attorney in Ft. Lauderdale? Employment lawyers represent workers dealing with a wide variety of troubles, and they can help you handle the legal mazes presented by many career matters. Employment attorney’s represent clients in a multitude of cases, including contract concerns, job terminations, harassment, and discrimination. Both employers and staff members care about these issues, and a reliable employment lawyer can handle multiple issues, sometimes representing both employers and workers in particular situations.
One area of employment statute you may need help with is sexual harassment, which is marked by continual and undesirable acts or comments having to do with a person’s sex. The Civil Rights Act of 1964 sets up a framework of protected classes, including sex, and these protections are further outlined in the regulations of the State of Florida. To be viewed as “harassment,” the advances do not need to be sexual or romantic, only distinguished by a gender component.
Sexual harassment is one of a multitude of forms of illegal discrimination. The statute also shields citizens from discrimination due to their sex, ethnic background, age, bodily condition, family, health, or military status. Other types of job discrimination are typically legal, but not discrimination based on the fact that an employee belongs to any of these groups.
There are specific laws to prevent the discrimination against people based on age for the purposes of employment selection and continued service. Title VII of the federal Civil Due Act, together with the Florida Civil Due Act, outlaws discrimination based on nationality, religion, gender or national origin. The Americans with Disabilities Act and the Florida Civil Rights Act both safeguard disabled workers, while Florida regulation shields workers with HIV\/AIDS. Florida statute provides some additional anti-discrimination protections beyond those provided by federal regulation. For instance, in Florida employers can’t discriminate on the basis of marital status. A Ft. Lauderdale employment attorney can be useful in figuring out which regulations apply to your case
In order to go ahead with a lawsuit of wrongful firing or discrimination, an individual must first file a complaint with the FCHR or the EEOC. Because these two agencies have various standards and filing time frames, it is highly recommended to consult a Ft. Lauderdale employment lawyer for help when dealing with these departments. Once the appropriate agency completes its investigation, assuming it finds evidence of illegal discrimination, you have two choices: You could either address the matter further with that agency or you could sue in civil court. While the agencies may be able to resolve your circumstances to your approval – through re-hiring, back pay, or the payment of damages – the courts can provide you a chance at higher settlement depending on the extent of your case.
Breach of contract claims don’t happen very often in employment cases, at least outside of union workers and executives. This is due to the fact that the majority of workers are placed at will, with no responsibility to remain on for any reason, and no requirement on the part of the employer to maintain their employment (except for reasons of a legally protected nature). In circumstances where there is some alleged breach of contract, it is usually because the worker feels that their duties were eliminated for a reason not indicated by cause, or under the pretext of cause related to some protected class matter. Should you discover yourself in a circumstance where a business has breached contract, you may find it useful to contact a qualified Ft. Lauderdale employment attorney who can talk about your options.
So-called non-compete clauses are prevalent in Florida, where they’ve been embraced by the state courts as a legal way to restrict employees in highly competitive fields from leaving their companies to work for the competition. The courts limit these agreements by demanding that they not be too broad or hard to put in force. Regardless of the quality of the document, non-competes represent a very complicated problem for both the employee, whose income is effected, and the company that is striving to safeguard its interests and trade secrets. If you have matters moving on from your employer because of a non-competition agreement, a Ft. Lauderdale employment attorney may be able to help you.
Employment law is an area of statute in which an expert opinion is normally warranted. Finding a reputable Ft. Lauderdale employment attorney can help you sort out your rights and responsibilities, and get on with your working life.
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